RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00990
            INDEX CODE:
            COUNSEL:  VFW

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  24 JUNE 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was retired for Length of Service  (LOS)
rather than discharged for misconduct.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He faithfully served from 1977 to 1997 as an Air Force NCO.  He  suffered  a
severe bout of depression after a change of station and  the  death  of  his
father.  He became addicted after an outstanding  career.   His  performance
evaluations reflect a strong  professional  asset  to  the  Air  Force.   He
attended rehabilitation and was working and going to meetings  when  he  was
informed of  an  administrative  discharge  board.   He  is  requesting  his
retirement and benefits in accordance with Air Force Regulations.

In support of the application, the applicant submits a copy of his  DD  293,
two letters from  the  Veterans  of  Foreign  Wars  (VFW),  a  copy  of  his
separation document, copies of letters addressed to  the  Secretary  of  the
Air Force, and  copies  of  decorations,  citations,  and  other  supporting
documentation.  The applicant's complete submission,  with  attachments,  is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 19 December 1977, the applicant contracted his initial enlistment in  the
Regular Air Force at the age of 18 in  the  grade  of  airman  basic  for  a
period of 6 years.  He  continued  to  enlist  and  serve  on  active  duty,
entering his last period of service on 26 January 1996, when  he  reenlisted
for a period of  4  years.   Prior  to  the  events  under  review,  he  was
progressively promoted to the grade of Master Sergeant effective and with  a
date of rank of 28 December 1995.  He was thereafter  reduced  in  grade  to
Technical Sergeant effective and with a date of rank of 8  April  1996.   He
received eight Enlisted Performance Reports for the combined  rating  period
27 March 1990 through 12 May 1996, in which  the  promotion  recommendations
were 5, 5, 5, 5, 5, 5, 5 and 1.

The applicant’s discharge  case  file  is  not  a  matter  of  record.   The
following information was extracted from documents related  to  his  Lengthy
Service Probation (LSP) Consideration.

On 25 May 1995, the applicant received a  Record  of  Counseling  (ROC)  for
failure to report to work on 14, 15 and 25 May 1995.  On 24  July  1995,  he
received a Letter of Reprimand (LOR) for  misuse  of  his  American  Express
Government Card.  He received a ROC for failing  to  report  to  work  on  3
November 1995.

On 2 January 1996, he received a  LOR  for  not  reporting  to  work  on  18
December 1995.  On or about 18 and 19 March 1996, he failed  to  go  to  his
prescribed place of  duty.   For  this  incident,  he  received  Article  15
punishment of a suspended reduction  to  TSgt,  forfeiture  of  $150.00  per
month for 2 months, and 20 days of extra duty.  It was reported that, on  or
about 20 March 1996, he wrongfully used  cocaine  as  evidenced  by  a  drug
urinalysis test.  On or about 8 and 9 April 1996, he failed  to  go  to  his
prescribed place of duty.  For this incident,  his  suspended  reduction  to
TSgt was vacated.  On 9 April 1996, he wrongfully used cocaine as  evidenced
by a drug urinalysis test.

On 4  December  1996,  his  commander  initiated  action  to  discharge  the
applicant under AFI 36-3208, paragraph 5.54 for  drug  abuse  and  paragraph
5.50.2 for a pattern of misconduct.  The  commander  recommended  a  general
discharge  without  probation  and  rehabilitation  (P&R).   The   applicant
elected to appear before an Administrative Discharge Board (ADB).

On 19 and 29 February 1997, an ADB  considered  the  applicant’s  case,  and
found he did commit the offenses listed as stated  by  his  commander.   The
ADB recommended the applicant be honorably discharged.  On 29 May 1997,  the
ADB reconvened found the applicant should be discharged  for  a  pattern  of
misconduct.   On  3 June  1997,  the  discharge   authority   approved   the
recommended separation.

In the meantime, on 23 April 1997, the applicant requested  lengthy  service
probation (LSP) consideration under the provisions of  AFI  36-3208.   On  7
August  1997,  the  Secretary  of  the  Air  Force  directed  the   approved
administrative discharge be executed and denied lengthy  service  probation.
On 25 August 1997, the applicant was honorably  discharged  for  misconduct.
He had served 19 years, 8 months and 7 days on active duty.

_________________________________________________________________
AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial.  DPPRS states based  on  the  documentation
on file in the master personnel records the  applicant  was  absent  without
leave on four occasions during March and April 1996 and used cocaine on  two
occasions.  DPPPR  asserts  the  applicant  did  not  submit  any  evidence,
identify  any  errors  or  injustices  that  occurred   in   the   discharge
processing,  or  provide  facts  warranting  changing   his   discharge   to
retirement.  Additionally, to be eligible  to  retire,  an  individual  must
have at least 20 years  of  total  active  federal  military  service.   The
applicant served for a period of 19 years, 8 months and 7 days (Exhibit C).

HQ AFPC/DPPRRP recommends denial of the applicants requests  for  retirement
and benefits.  DPPRRP states the law  stipulates  that  an  enlisted  member
must have at least 20 years of active service in order to  be  eligible  for
retirement.  In the National  Defense  Authorization  Act  for  Fiscal  Year
1992, Public Law 102-484, 23 Oct 92, Congress enacted  the  Temporary  Early
Retirement Act (TERA) which permitted selected military  members  to  retire
early and accrue additional  military  retirement  credits  if  they  gained
employment  with  qualifying  public  or  community  service  organizations.
Section 534 of that law gives the Secretary  of  the  Air  Force  (SAF)  the
authority to permit early retirement  for  selected  military  members  with
more than 15 but less than 20 years of service who agree  to  be  registered
for employment in public or community  service  organizations.   Public  Law
107-314 National Defense Authorization Act for  Fiscal  Year  2003,  Section
554, extended TERA to 1 Sep 02.  DPPRRP explains at the time  the  applicant
was separated, the SAF authorized TERA only for  officers  who  requested  a
retirement date of 1 Oct 96 through 1 Sep 97.  The SAF did not authorize  an
enlisted  voluntary  early  retirement  program  during  this  same  period.
Because the applicant had over 16 years TAFMS  at  the  time  the  discharge
board recommended his discharge for misconduct, the applicant  was  eligible
to request lengthy service consideration from the SAF.  On 16  Apr  97,  the
applicant requested lengthy service consideration which was  denied  by  the
SAF on 7  Aug  97.   The  SAF  directed  that  the  approved  administrative
discharge pursuant to AFI 36-3208 be executed.

DPPRRP indicates the applicant’s discharge occurred seven  years  ago,  past
the three-year limitation established by law.  DPPRRP notes the  letters  of
character support and affirmation attached to the applicant’s  DD  149  were
also attached to the discharge package that went forward to  the  SAF  on  1
Jul  97.   DPPRRP  concludes  the  applicant  submitted  no  new  additional
evidence that there was an error or injustice in the  discharge  proceedings
or in lengthy service consideration.

DPPRRP’s evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 May 2005, copies of  the  Air  Force  evaluations  were  forwarded  to
counsel  for  review  and  response  within  30  days.   On  16  June  2005,
applicant’s counsel submitted two character reference letters in support  of
the applicant (Exhibit F).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  After thoroughly  reviewing  the  evidence
of record, we find no reason to change the applicant’s narrative  reason  of
separation from Misconduct to Length of Service.  While it is true that  the
applicant had compiled an outstanding service record  prior  to  the  events
that led to his separation, we believe the seriousness of  the  offenses  he
committed overshadowed his prior record to  a  degree  which  warranted  the
initiation and approval of the discharge he received.   In  the  absence  of
evidence by the applicant showing the  information  in  his  discharge  case
file is erroneous, his substantial rights were violated,  or  his  superiors
abused  their  discretionary  authority,  we  have  no  basis  on  which  to
favorably consider the applicant’s request.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance;  and  that  the  application  will
only be reconsidered  upon  the  submission  of  newly  discovered  relevant
evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered in  Executive  Session  on  20
September 2005 under the provisions of AFI 36-2603:

      Ms. B. J. White-Olson, Panel Chair
      Mr. James A. Wolffe, Member
      Ms. Janet I. Hassan, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2005-00990:

    Exhibit A.  DD Form 149, dated 12 April 2005 w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 2 May 2005.
    Exhibit D.  Letter, HQ AFPC/DPPRRP, dated 9 May 05, w/atch.
    Exhibit E.  Letter, SAF/MRBR, dated 20 May 05.
    Exhibit F.  Letter, Appl’S Counsel, dated 16 June 05, w/atch.




      B. J. WHITE-OLSON
      Panel Chair